The Illinois Department of Labor (IDOL) issued new rules last week regarding the statutory change to the Illinois Minimum Wage Law, which extends its protections to domestic workers. In a press release, the IDOL's Acting Director Jane Flanagan was quoted saying, "The General Assembly has established that domestic workers deserve the same core labor protections as workers in other industries. With these rules, we hope to make domestic workers' rights on-the-job clearer and help domestic employers understand their obligations under the law."
Illinoisans who employ domestic workers, such as nannies, caregivers and housekeepers, must now ensure overtime pay, meal times and rest periods under Illinois law. Furthermore, the newly adopted rules clarify that domestic workers must be paid for all compensable hours worked, including time and one-half pay for overtime hours. "Hours worked," as defined in the statute, means all time during which a domestic worker is not completely relieved of all work-related duties, regardless of the location where the domestic work is performed. For example, if a caregiver is making a personal call while watching over a client who is bedridden and requires constant supervision, he is not completely relieved of all work-related duties and must be compensated for this time. On the other hand, a nanny who is taking her lunch break is able to leave the employer's premises and is relieved of her duties of childcare by a parent, is completely relieved of...
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